NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

2017-18 Supreme Court and Appellate Division Statistics

The Annual Report of the New Jersey Courts for the court year 2017-18 has been published and is available here. The Report is full of useful information about the judiciary...

Five New Cases for the Supreme Court

The Supreme Court announced on Friday that it has granted certification in five more cases. Those matters run the gamut from criminal cases to tort cases to a long-running consumer...

Direct vs. Derivative Claims Among Shareholders of a Close Corporation

Tully v. Mirz, 457 N.J. Super. 11 (App. Div. 2018). This opinion by Judge Geiger today addresses the question of what claims, between two owners of a closely-held corporation, are...

Construction Lien Law's "Signatory-Requirement Amendments" Do Not Apply Retroactively

Diamond Beach, LLC v. March Associates, Inc., 457 N.J. Super. 265 (App. Div. 2018). Judge Fasciale's opinion in this construction case today dealt with a narrow issue projected by a...

Negotiated Property Settlement Agreement in Matrimonial Case Defeats Changed Circumstances Application

Bermeo v. Bermeo, 457 N.J. Super. 77 (App. Div. 2018). Today is the second consecutive day on which Judge Firko released a published opinion. The essence of it is that...

Fox Rothschild Case, and Two Criminal Appeals, Come to the Supreme Court

The Supreme Court announced that it has granted certification in three cases. Two of them are criminal matters. The third involves a claim against the Fox Rothschild law firm on...

Assignor's Loss of a Mortgage Note Does Not Preclude Foreclosure by an Assignee

Investors Bank v. Torres, 457 N.J. Super. 53 (App. Div. 2018). In this foreclosure case, the plaintiff bank was the assignee of a note that was secured by a mortgage....

At-Will Employee Cannot Bring Oppressed Shareholder Claim Based on Termination of Employment

Metro Commercial Management Services, Inc. v. Van Istendal, 457 N.J. Super. 66 (App. Div. 2018). This opinion, issued today, is the first published opinion authored by Judge Firko. It involves...

An Earthquake in DWI Law?

State v. Cassidy, 235 N.J. 482 (2018). This unanimous opinion by Justice Timpone adopted the extensive opinion of a Special Master, retired Appellate Division Judge Lisa, on the subject of...

Flanzman v. Jenny Craig, Inc. Reissued by the Appellate Division

Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018). The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018,...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...